SENATE JOURNAL EIGHTY-THIRD LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS

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1 SENATE JOURNAL EIGHTY-THIRD LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS SIXTY-EIGHTH DAY (Monday, May 27, 2013) The Senate met at 11:02 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present:iibirdwell, Campbell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Garcia, Hancock, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Rodríguez, Schwertner, Seliger, Taylor, Uresti, Van de Putte, Watson, West, Whitmire, Williams, Zaffirini. The President announced that a quorum of the Senate was present. Pastor Bernard Buhl, One Way Baptist Church, Round Rock, offered the invocation as follows: Dear heavenly Father, I come to Thee invoking the power of Your presence and spirit upon this 83rd Legislature session. I pray for each Senate representative that is present and ask that Your sovereign wisdom rest upon their minds and hearts and that their ears be attentive to Your godly counsel. I pray that You allow every statewide leader, both woman and man, to conduct this session with Your integrity for Your glory. I believe and trust that as Your power and presence illuminate this meeting with Your spirit, that skillfulness and godly wisdom would reign supreme. I pray that You navigate their hearts that every word, every decision, and every action will represent unity and be designed to administer positive change throughout the State of Texas. We give You thanks in advance for what will come as a result of this session, their time and their fellowship one with another. In Your holy name, I pray. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed. The motion prevailed without objection. PHYSICIAN OF THE DAY Senator Schwertner was recognized and presented Dr. Lamia Kadir of Austin as the Physician of the Day.

2 rd Legislature Regular Session 68th Day The Senate welcomed Dr. Kadir and thanked her for her participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. SENATE RESOLUTION 1096 (Caucus Report) Senator Whitmire offered the following resolution: BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS: SECTIONi1.iiCAUCUS REPORT. At a caucus held on May 27, 2013, and attended by 30 members of the senate, the caucus made the recommendations for the operation of the senate contained in this resolution. SECTIONi2.iiEMPLOYEES. (a)iithe lieutenant governor may employ the employees necessary for the operation of the office of the lieutenant governor from the closing of this session and until the convening of the next session. The lieutenant governor and the secretary of the senate shall be furnished postage, telegraph, telephone, express, and all other expenses incident to their respective offices. (b)iithe secretary of the senate is the chief executive administrator and shall be retained during the interval between adjournment of this session and the convening of the next session of the legislature. The secretary of the senate may employ the employees necessary for the operation of the senate and to perform duties as may be required in connection with the business of the state from the closing of this session and until the convening of the next session. (c)iieach senator may employ secretarial and other office staff for the senator s office. (d)iithe chairman of the administration committee is authorized to retain a sufficient number of staff employees to conclude the work of the enrolling clerk, calendar clerk, journal clerk, and sergeant-at-arms. The administration committee shall establish the salaries for the senate staff. SECTIONi3.iiSENATE OFFICERS. (a)iithe following elected officers of the 83rd Legislature shall serve for the interval between adjournment of this session and the convening of the next session of the legislature: (1)iiSecretary of the Senate Patsy Spaw; (2)iiCalendar Clerk Linda Tubbs; (3)iiDoorkeeper Austin Osborn; (4)iiEnrolling Clerk Patience Worrel; (5)iiJournal Clerk Polly Emerson; and (6)iiSergeant-at-Arms Rick DeLeon. (b)iiall employees and elected officers of the senate shall operate under the direct supervision of the secretary of the senate during the interim. (c)iiofficers named in this section serve at the will of the senate. SECTIONi4.iiDUTIES OF CHAIRMAN OF ADMINISTRATION COMMITTEE. (a)iithe chairman of the administration committee shall place the senate chamber in order and purchase supplies and make all necessary repairs and improvements between the adjournment of this session and the convening of the next session of the legislature.

3 Monday, May 27, 2013 SENATE JOURNAL 3839 (b)iithe chairman shall make an inventory of all furniture and fixtures in the senate chamber and in the private offices of the members, as well as of the supplies and equipment on hand in the purchasing and supply department and shall close the books for the Regular Session of the 83rd Legislature. (c)iithe chairman shall not acquire any equipment on a rental/purchase plan unless the equipment is placed on the senate inventory at the termination of the plan. (d)iithe chairman shall examine records and accounts payable out of the contingent expense fund as necessary to approve all claims and accounts against the senate, and no claim or account shall be paid without the consent and approval of the chairman. (e)iithe chairman and any member of the administration committee shall be entitled to receive actual and necessary expenses incurred during the interim. (f)iiin addition to the duties of the administration committee expressly imposed by this resolution, the committee shall take actions necessary to ensure that the administrative operations of the senate comply with applicable law and are conducted effectively and efficiently. SECTIONi5.iiJOURNAL. (a)iithe secretary of the senate shall have 225 volumes of the Senate Journal of the Regular Session of the 83rd Legislature printed. Two hundred and twenty-five copies shall be bound in buckram and delivered to the secretary of the senate who shall forward one volume to each member of the senate, the lieutenant governor, and each member of the house of representatives on request. (b)iithe printing of the journals shall be done in accordance with the provisions of this resolution under the supervision of the chairman of the administration committee. The chairman shall refuse to receive or receipt for the journals until corrected and published in accordance with the preexisting law as finally approved by the chairman of the administration committee. When the accounts have been certified by the chairman of the administration committee, the accounts shall be paid out of the contingent expense fund of the 83rd Legislature. SECTIONi6.iiPAYMENT OF SALARIES AND EXPENSES. (a)iisalaries and expenses authorized by this resolution shall be paid out of the per diem and contingent expense fund of the 83rd Legislature as provided by this section. (b)iithe senate shall request the comptroller of public accounts to issue general revenue warrants for: (1)iipayment of the employees of the lieutenant governor s office, the lieutenant governor, members of the senate, employees of the senate committees, and employees of the senate, except as provided by Subchapter H, Chapter 660, Government Code, upon presentation of the payroll account signed by the chairman of the administration committee and the secretary of the senate; and (2)iithe payment of materials, supplies, and expenses of the senate, including travel expenses for members and employees, upon vouchers signed by the chairman of the administration committee and the secretary of the senate. SECTIONi7.iiEXPENSE REIMBURSEMENT AND PER DIEM. (a)iiin furtherance of the legislative duties and responsibilities of the senate, the administration committee shall charge to the individual member s office budget:

4 rd Legislature Regular Session 68th Day (1)iithe reimbursement of all actual expenses incurred by the members when traveling in performance of legislative duties and responsibilities or incident to those duties; and (2)iithe payment of all other reasonable and necessary expenses for the operation of the office of the individual senator during any period the legislature is not in session. Expenditures for these services by the administration committee are authorized as an expense of the senate and shall not be restricted to Austin but may be incurred in individual senatorial districts. Such expenses shall be paid from funds appropriated for the use of the senate on vouchers approved by the chairman of the administration committee and the secretary of the senate in accordance with regulations governing such expenditures. (b)iieach senator shall be permitted a payroll of $38,000 per month to employ secretarial and other office staff and for intrastate travel expenses for staff employees. This payroll amount accrues on the first day of the month and may not be expended prior to the month in which it accrues, but any unexpended portion for a month may be carried forward from month to month until the end of the fiscal year. An unexpended amount remaining at the end of each fiscal year, not to exceed $10,000, may be carried forward to the next fiscal year. Other expenses, including travel expenses or other reasonable and necessary expenses incurred in the furtherance and performance of legislative duties or in operation of the member s office or incident thereto, shall be provided in addition to the maximum salary authorized. (c)iithe secretary of the senate may order reimbursement for legislative expenses consistent with this resolution and the establishment by the Texas Ethics Commission of per diem rates. (d)iiany member of the senate and the lieutenant governor are eligible to receive such reimbursement on application of the member or the lieutenant governor to the secretary of the senate. (e)iion the application of a member of the senate or the lieutenant governor, the applicant shall be entitled to reimbursement for legislative expenses for each legislative day. (f)iifor purposes of this section, a legislative day includes each day of a regular or special session of the legislature, including any day the legislature is not in session for a period of four consecutive days or less, and all days the legislature is not in session if the senator or lieutenant governor attends a meeting of a joint, special, or legislative committee as evidenced by the official record of the body, and each day, limited to 12 days per month for non-chairs or 16 days per month for chairs and the lieutenant governor, the senator or the lieutenant governor, including those living within a 50-mile radius, is otherwise engaged in legislative business as evidenced by claims submitted to the chairman of the administration committee. SECTIONi8.iiMEMBER S EMPLOYEE LEAVE POLICY. (a)iian employee of a senator accrues vacation leave, compensatory leave, or sick leave in accordance with policies adopted by the senator consistent with the requirements of this section. (b)iian employee may accrue vacation leave, compensatory leave, or sick leave only if the employee files a monthly time record with the senate human resources office. Time records are due not later than the 10th day of the following month.

5 Monday, May 27, 2013 SENATE JOURNAL 3841 (c)iicompensatory time must be used not later than the last day of the 12th month following the month in which the time was accrued. (d)iian employee is not entitled to compensation for accrued but unused compensatory time. SECTIONi9.iiDESIGNATION FOR ATTENDANCE AT MEETINGS AND FUNCTIONS. (a)iithe lieutenant governor may appoint any member of the senate, the secretary of the senate, or any other senate employee to attend meetings of the National Conference of State Legislatures and other similar meetings. Necessary and actual expenses are authorized upon the approval of the chairman of the administration committee and the secretary of the senate. (b)iithe lieutenant governor may designate a member of the senate to represent the senate at ceremonies and ceremonial functions. The necessary expenses of the senator and necessary staff for this purpose shall be paid pursuant to a budget approved by the administration committee. SECTIONi10.iiMEETINGS DURING INTERIM. (a)ii Each of the standing committees and subcommittees of the senate of the 83rd Legislature may continue to meet at such times and places during the interim as determined by such committees and subcommittees and to hold hearings, recommend legislation, and perform research on matters directed either by resolution, the lieutenant governor, or as determined by majority vote of each committee. (b)iieach continuing committee and subcommittee shall continue to function under the rules adopted during the legislative session where applicable. (c)iiexpenses for the operation of these committees and subcommittees shall be paid pursuant to a budget prepared by each committee and approved by the administration committee. (d)iithe operating expenses of these committees shall be paid from the contingent expense fund of the senate, and committee members shall be reimbursed for their actual expenses incurred in carrying out the duties of the committees. SECTIONi11.iiSENATE OFFICES. Members not returning for the 84th Legislature shall vacate their senate offices by December 1, SECTIONi12.iiFURNISHING OF INFORMATION BY SENATE EMPLOYEE.iiAn employee of the senate may not furnish any information to any person, firm, or corporation other than general information pertaining to the senate and routinely furnished to the public. SECTIONi13.iiOUTSIDE EMPLOYMENT. An employee of the senate may not be employed by and receive compensation from any other person, firm, or corporation during the employee s senate employment without the permission of the employee s senate employer. SECTIONi14.iiREMOVAL OF SENATE PROPERTY. The secretary of the senate is specifically directed not to permit the removal of any of the property of the senate from the senate chamber or the rooms of the senate except as authorized by the chairman of the administration committee. SRi1096 was read and was adopted by the following vote:iiyeasi31, Naysi0.

6 rd Legislature Regular Session 68th Day ELECTION OF PRESIDENT PRO TEMPORE AD INTERIM EIGHTY-THIRD LEGISLATURE The President announced that the time had arrived for the election of President Pro Tempore Ad Interim of the 83rd Legislature. Senator Whitmire placed in nomination the name of Senator Craig Estes for the office of President Pro Tempore Ad Interim of the 83rd Legislature. On motion of Senator Ellis and by unanimous consent, the nominating speech by Senator Whitmire and the remarks made to second the nomination were ordered reduced to writing and printed in the Senate Journal as follows: President:iiMembers, the next order of business is the election of the President Pro Tempore. Chair recognizes Senator Whitmire. Senator Whitmire:iiThank you, Mr. President and Members and guests. Senator Estes has asked me to place his name in nomination as President Pro Tempore of the State Senate for the period in which we leave today and for the important matters of whether it be a special or the management of the state in the absence of the Governor and Lieutenant Governor, being out of the state. We want to, on behalf of all Senators, welcome his wife, Jennifer, his three children, Abby, Andrew, and Mark, and their grandchildren, which I m certain we ll hear more description of by Senator Estes later this morning. I rise, Members, very aware that today is Memorial Day where we honor our fallen heroes of our Armed Services, the men and women who have given the ultimate sacrifice to our country so that we can have this process today. And as we recognize one of our colleagues with a very special recognition, I would like to, Craig, recognize you for two facets, for being our colleague. Obviously, I will get to your legislative accomplishments, your protection of property rights, and other legislative matters, but, Members, I want to make this nomination in the context of 31 Senators having what I believe, in my 30 years of service in this body, is the best environment, the most respectful working relationship of any session I ve seen in 30 years. It hasn t always been as respectful as we enjoy today. In years past, Senator Nelson, there have been bullies that we had to deal with. I could name them. In years past, as a freshman, I was expected to be seen and not heard. And if you stood up to introduce a bill, senior Members would point out that you had not fully considered your entire bill. They would ask you for a line on a distant page. Those days are long gone. As I said, this is as good a climate of respect and accomplishment of any in my 30 years of service. Many reasons I could describe, as been pointed out previously, we have excellent freshmen Members that their chemistry, experience, and knowledge has blended in with all of us. I would suggest the two-thirds rule has required us to keep working and talking and building consensus. Senator Patrick, your accomplishments with charter schools, testing, would not have been possible but for that rule. And I could give other examples. But as I recognize our colleague and place his name in nomination, Craig, you are right up at the top of one of the elements and the reasons why we do so well and respect each other so much, why we are truly a family. If someone was to tell me they heard Craig Estes raise his voice in a committee room or in a back meeting, I wouldn t believe it. Craig sets the tone. He regularly comes by my desk and says, Senator so-and-so is not having a good day. He regularly tries to

7 Monday, May 27, 2013 SENATE JOURNAL 3843 make each and every one of us be a better Senator and better represent our district. He is a gentleman. He is a colleague. He regularly invokes his faith when we are in deliberations and we hit an impasse. I cannot more state how I want Craig Estes to be recognized, not only for his legislation and his statutes but what he does for this legislative body. We are all better Senators, we are better people because of Craig Estes. You know what I m talking about. He knows what I m talking about. He brings us together, he sets the example. I literally look forward, Senator Carona, to go in to Business and Commerce, because every Tuesday morning I get to start my day sitting next to Craig. He will share his concerns about this body, about me, about the committee, and we all benefit from that. And, in fact, as I move into his legislative accomplishments, he is a part of all of our legislation that becomes law, because he helps us have such a good environment to work. He regularly gets us together to share our faith. He lives his Senate service, recognizing, honoring his God, his family, his country. He makes us a better body. He also has shown leadership. Let me digress for a moment, one of the pleasures of being the Dean of the Senate is, I have had the honor and the pleasure of watching each and every one of you get here. I recall when Craig got here in He was elected in a special election. He got here, he has developed into an outstanding Senator, a Chairman of Agriculture and Homeland Security during a most challenging time for our state and our country in terms of security. I can remember session before last, he passed legislation protecting property rights to control the abuses of eminent domain. That was a challenge that he met and accomplished, almost got the Houston port commission out of the eminent domain business. And he was a very tough adversary, along with Senator Duncan. He is an outstanding protector of the Second Amendment, as we all are. He is very effective in his committee. Senators, I could go on and on describing the legislative accomplishments. I could talk about how this man never lets us forget who we represent, how we got here, what our purpose is. Craig, I m honored that you would allow me to publicly call you a colleague, a friend, and to let you know that your service has made me a better Senator and probably more importantly, a better person. You have allowed me to learn about my faith through your leadership and your mentoring, as you have so many other Senators. Members, it is a great honor to yield the floor but to not only recognize Craig Estes as an outstanding Senator but an outstanding human being, who actually on a daily basis makes this Senate a more collegiate, a more outstanding body of lawmakers working together for the common good. And I hope we will continue to look to Senator Estes for leadership in that regard. When we get into a stalemate or controversy, Craig can show us the pathway to building a consensus. Thank you, Mr. President. President:iiDean, thank you, I think all of us agree. Chair recognizes Senator Fraser to second the nomination. Senator Fraser:iiThank you, Mr. President. Members, I am both pleased and extremely honored to rise to second the nomination of my extremely good friend, Craig Estes, for President Pro Tempore of the Texas Senate. Craig, as we know, was elected in a special election in 2001, and since then he s continued to make a lasting impression on every Member of the body that has served with him. As a former Rotarian, Craig embodies the Rotarian motto of service above self but actually takes a step further. With those of you that are Rotarians, you know that Rotarians live by

8 rd Legislature Regular Session 68th Day what we call the Rotarians four-way test. And at the start of every meeting, you stand up and you quote the four-way test. Is it the truth? Is it fair to all concerned? Will it build goodwill and better friendships? And will it be beneficial to all concerned? Craig Estes embodies the four-way test, and I have to say as a former Rotarian, as a young businessman come to the Legislature, that must have made a big impression on your life, because if I was describing the way you govern, that would be, I think, the way that I would describe Craig Estes. Any time we have a crisis, those of you that have been here for a while, things get a little testy. We end up going back trying to work it out, things will get a little off-center, and Craig is always the first one to stand up and say, Guys, can t we just get along? You know, we are in this together. And I don t know how many times I ve heard you say that statement that He is the ultimate peacemaker among us. I remember very clearly my first conversation with Craig Estes. I had heard about this businessman from Wichita Falls. I knew that he was in the agricultural business, so it was going to be a good agriculture vote. I d heard that he was likely to be a strong conservative, and so I called him, picked up the phone, called. We exchanged some words, I was asking a few questions about himself, and 30 seconds into the conversation, he asked me for money. He said, Senator, I know you got a lot of money in your campaign account, I d really appreciate it if you write me a good check. I said at that point I knew he was likely to get elected. This guy understood the drill, and that first conversation, but I also recognized at that point that we had a lot in common. We are both business people. We, there was going to have a loyalty to the agriculture community because where we are from. We had married way over our head and had a wonderful wife. We both had three children, one of which children, both of us have an Andrew. Today, Craig has four grandchildren, one girl, three boys, exactly the same as us, has one in the oven, a girl on the way, same as us. So, it s not uncommon or it s not unusual that you and I would ve chosen through our most entire career, that we have sat next to each other on the Senate floor. In Business and Commerce, you served because I chaired that. You re my Vice-chair of Natural Resources, sitting beside me. Craig Estes has been a friend, an ally, a true conservative. I ve watched him vote for his whole time here. And those 811,000 people that he represents, he has done a wonderful job voting the interest of the people in his district. Craig has a lot of legislation that he can be proud of. But, I think, probably the first, the thing that you d be most proud of is legislation which, I think, was Senate Bill 18, landmark legislation last year that was to address eminent domain and the personal property rights legislation. I watched you shepherd that through, and even today the impact of that still ripples through the Legislature. Craig, outside the Legislature, he, all of you see him here, sitting here, but outside, you don t realize that he is an avid outdoorsman. He was a mountain climber prior to, in a prior life, I guess, before coming to the Legislature. He told me he could snow ski. I challenged him on that, and the big guy can snow ski. He can get down the mountain. He is a world-class fly fisherman. You think that s stretching? The other thing I think a lot of you all recognize, you probably wouldn t realize it unless you ve sat next to him in a committee for years, but Craig Estes is a world-class doodler. Little did he realize that in my committee as he was sitting or listening, that he s always doodling, I would pick up his doodles. This one is particularly good. I believe this is the day we were doing the shark fin legislation. This was his doodle that day. This one, I m not

9 Monday, May 27, 2013 SENATE JOURNAL 3845 sure what that one was. And this one, I think he may have been troubled the day that he did this one, that he, every day as he sits there, he continues to do it. Craig, I m extremely honored that you ve allowed me to do this. And if you let me, I ll wrap up with a quote by Albert Schweitzer that maybe best described Craig. You must give some time to your fellow men, even if it s just a little thing, do something for others. All of us recognize the fact that Craig is an extremely religious person. Through your career here, you have just become the honorary chaplain of this group. And even though you are deeply religious, you don t wear it on your sleeves, but you have a way that when we have a crisis, losing another Senator, losing a parent, a friend, or even this year, losing a grandchild, you are always the one that steps forward and helps us move forward and leads us in prayer. And we both understand and respect and thank you for that. As your friend, as a fellow conservative, as a committee, working together, and as your deskmate, I am extremely honored that you would allow me to place your name in nomination for President Pro Tempore. Thank you, Craig. President:iiThank you, Senator Fraser, well said. Chair recognizes Senator Lucio to second the nomination. Senator Lucio:iiThank you, Mr. President. Members, it is my privilege to rise today and second the nomination of my dear friend, Senator Craig Estes, as President Pro Tempore. I fondly remember Senator Estes first session, 2001, and I was very happy to help a freshman legislator support his district and hometown of Wichita Falls. It was a great session for him, and it was a wonderful opportunity for me to meet someone that I knew God wanted me to meet. Today, he is a seasoned veteran, a skilled legislator, a man of incredible faith, and I ll repeat that, because that is important to me, and I know it s important to each one of us. He is a man of incredible faith, conviction, and, most of all, a trusted friend. The Texans of District 30 have elected wisely in Senator Craig Estes, and I applaud them for the good sense to continue to send to this distinguished body a man of integrity and outstanding character. Congratulations to you, Senator. I proudly nominate you to lead our body and to do so with the providence of our Lord, the faith of Abraham, the forgiveness of Joseph, the leadership of Moses, the confidence of Joshua, the strength of Samson, the fidelity of Ruth, the courage of David, the wisdom of Solomon, the patience of Job, and, most of all, the resilience of Craig. I hope that we can continue to come together as you have always advocated, Senator, come together as one people, a body of Senators that, and look at what the needs of our great state are, and then work hard to achieve those needs. I know that God gave you a big frame of a body because He knew you were going to have a big heart. And you ve shown that continuously over the last 12 years. To this, Senator, for that reason, I proudly rise to second your nomination as President Pro Tempore. And now, I want to ask God to bless you. I want to ask God to bless Texas. And I want to ask you to keep Texas great and strong. Thank you. President:iiThank you, Senator Lucio. Members, if I may, sometimes, as we are selecting our Pro, our President Pro Tempore, a number of people stand, five, 10, 15. But Senator Estes didn t want this to be about him and just asked that two people

10 rd Legislature Regular Session 68th Day could second it, an insight, he wants to focus on the job. Members, the question is on the election of the Senator from Wichita County, Senator Craig Estes, to the office of President Pro Tempore of the Texas Senate during the interim 83rd Legislature. On motion of Senator Whitmire, Senator Estes was elected President Pro Tempore Ad Interim. The President declared that the Honorable Craig Estes had been duly elected President Pro Tempore Ad Interim of the 83rd Legislature by acclamation. The President appointed the following committee to escort Senator Estes and his family to the President s Rostrum:iiSenators Nelson, Zaffirini, and Patrick. Senator Estes and his party were then escorted to the President s Rostrum by the committee. OATH OF OFFICE ADMINISTERED The President administered the Oath of Office to Senator Estes as follows: I, Craig Estes, do solemnly swear, that I will faithfully execute the duties of the office of President Pro Tempore Ad Interim of the Senate of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state, so help me God. ADDRESS BY PRESIDENT PRO TEMPORE AD INTERIM President Pro Tempore Ad Interim Estes addressed the Senate as follows: Thank all of you for your kind words. Wow, it s a great feeling to be up here addressing all of you after what I think has been a very successful session. It s been enjoyable and productive one, I think, and I m proud to have had the privilege to be a part of this distinguished body. When I first got here, I didn t even know what a President Pro Tempore was, now, I m it. A few days ago, I was reading Colonel Travis letter from the Alamo at Senator VanideiPutte s festivities for Governor for a Day. And as I got finished doing that, I went back to my office, and I just thought, what kind of mighty men were these that laid the foundations of this great state. And here we are today, we are custodians of what they bled and died to create. What an awesome responsibility we have, Senators. But, first of all, I want to thank my family, all of whom are here today except my dad and his wife, Willie Mae, and Emily and her husband, Roy, in Connecticut. So, I just want to give a shout out. Hi, Dad and Willie Mae, Emily and Roy. Maybe one of these days, I ll get home to see you and visit with you again. And to my wonderful wife, Jennifer, I would not be here without your love and support. Why, I remember your prayers years ago about me finding an exciting challenge in my line of work. And the good Lord really answered that one, didn t He? My three children, Abby, Andrew, and Mark are here in the back. And Robert and Summer, my son-in-law, my daughter-in-law, my four and a half grandchildren are here. I say one-half, because Summer is expecting. I love you all. Thanks for being here. And let me mention the Sheltons, Jennifer s sister, Lacey, my nephew, Ben. Thank you, too. I know

11 Monday, May 27, 2013 SENATE JOURNAL 3847 you, my colleagues, want to hear me opine for an hour or so on the issues of the day, but we got little ones in the back, and they might, they re going to get fidgety after a while, in fact, they probably already are. So, let me be brief. First thing I want to do is also thank my staff. In my opinion, I ve got the best staff under the pink dome, starting with Noe Barrios, my chief of staff. And my staff back home is top notch also. Really want to thank y all. You know, I ve always tried to hire people that were smarter than myself, and for some reason, it s never been a problem. I don t know why. But all of you endeavor to make me look good every day, and I know that s no easy task. But I really do admire your dedication and your professionalism. When I was first sworn in back in December of 2001, I was more than a little bit nervous. I was really wondering if I had the right stuff to do this job. And I was a little bit intimidated by the incredible group of talented people who occupied this Chamber. Well, most of them have left by now, and I feel right at home with all the rest of you that remain. But seriously, I did discover that Senators do just put on their pants one leg at a time, like everyone else. And the day I was sworn in, I quoted from the Hebrew scriptures, from Micah, and it goes, To do justice and love mercy and walk humbly with your God. And I really thought I was bringing some new thinking to the body politic. But after a few years in public service, I realize that reading that scripture out of Micah was akin to reading I Corinthians 13, the love chapter, at a wedding, almost everybody seems to do it. But I still do maintain that the part of, about walking humbly, can be a real challenge for those of us in the Texas Senate. But one of the things I love about this place is that we come together most of the time for the common good of Texas. I ve often wondered what makes us so much less partisan in this great deliberative body than our counterparts in Washington, D.C. We re all as passionate about our beliefs as they are, and we all more or less love our political parties. But I would suggest to you, there s three things that are different about us in the Texas Senate and, really, these three things are absurdly simple. Number one, we sit together, intermingled on the Senate floor. So, that term that you hear all the time, across the aisle, has no meaning here. Secondly, we eat lunch together. In Washington, I m told lunchrooms are separated by party. Thirdly, we fellowship together. Now, whether it s an evening dinner out on the town, usually organized by Senator Eltife, or just getting together early on Thursday mornings in the Dean s office for a cup of coffee, you know people that sit together and eat together and fellowship together usually don t stay mad at each other for very long. And I m convinced that we all care for each other personally and professionally. And I hope we never lose that mutual respect because it helps us to do a better job for all Texans. You know, a lot has been said in this last decade about the recent history of our state, about our huge population growth, and our impressive economic growth. I won t recite the statistics because you all know them too well. But I do just want to say that during that time period, it s been my privilege to play a small part in that. And I also want to acknowledge the leadership during this period of time of

12 rd Legislature Regular Session 68th Day Governor Perry, Lieutenant Governor Dewhurst, Speakers Craddick and Straus. If you think about it, it s been a remarkably few number of people in leadership during this time of extraordinary growth. And I know that s much to the chagrin of those who feel politically upward, upwardly mobile. But one wonders what the next 10 years will bring. Time will only tell, but I predict that our state will continue to lead the nation in job growth and economic vitality. Incidentally, I do want to take a moment to honor the men and women who have made the ultimate sacrifice for our nation, on this Memorial Day. They are the true reason we have the safety and the security to prosper. But I do want to briefly share my thoughts on a couple of public policy matters that I feel are vitally important to our future. First, we all know that we have made some great strides on water issues this session. And I will promise you I will do my best in the months ahead to convince voters to approve the constitutional amendment that will be on the ballot to draw some of the money from the state s rainy day fund to build out our water infrastructure. But being mindful of the old Chinese proverb, The journey of a thousand miles begins with the first step, let us firmly commit to building one new reservoir in this state. Just one to start out with within the next five years. Now, which one will it be? That s really a hard question. It s not easy, but let me try to offer a suggestion. This new reservoir should be the one that, first, is the most politically feasible, that in turn has the largest amount of water storage in recharge rate, and, preferably, it should be uphill from the greatest number of people, for the obvious reasons. So, I say, let s figure it out, and let s generate the political will to do it. Secondly, I was disappointed that we were not able to pass SJR 1 as it came out of the Senate this session. We all know a vote of 31 to nothing is a very strong indication of our seriousness on these three issues. So, in the future, let s find the best way to fund our transportation needs. And there s already some interesting ideas to, one or two ideas out there, already percolating. Folks, it doesn t have to be that hard. Our vibrant state will not continue to thrive without this critical investment in our transportation infrastructure. So, in conclusion, I do thank you for the incredible honor of being your President Pro Tempore. I will fulfill the duties of this high office to the best of my ability. What a great country we live in, the United States of America. What a great state we live in, Texas. What great shoulders we are standing upon, Travis, Crockett, Bowie, Houston, Whitmire, Lamar. Wait a minute. Who put that in my speech? It is my privilege to serve her people, Texas, one state, under God, one and indivisible. I want to thank you all. That s about all I have to say. See you tomorrow. God bless Texas. VIDEO RELEASE POLICY WAIVED (Motion In Writing) Senator Eltife submitted the following Motion In Writing: Mr. President: I move that the policy governing the release of videotapes of Senate proceedings be waived in order to allow Senator Estes to have a videotape of today s session. ELTIFE

13 Monday, May 27, 2013 SENATE JOURNAL 3849 The Motion In Writing prevailed without objection. BILLS SIGNED The President announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read:iisbi163, HBi97. SENATE RULE 7.25 SUSPENDED (Limitation on Vote) Senator Seliger moved to suspend Senate Rule 7.25 that prohibits a vote on a bill during the last 24 hours of a session in order to consider the Conference Committee Report on HBi29. The motion prevailed by the following vote:iiyeasi31, Naysi0. CONFERENCE COMMITTEE REPORT ON HOUSE BILL 29 ADOPTED Senator Seliger called from the President s table the Conference Committee Report on HBi29. The Conference Committee Report was filed with the Senate on Satruday, May 25, On motion of Senator Seliger, the Conference Committee Report was adopted by the following vote:iiyeasi31, Naysi0. RECESS On motion of Senator Whitmire, the Senate at 11:51 a.m. recessed until 1:30 p.m. today. AFTER RECESS The Senate met at 1:50 p.m. and was called to order by Senator Eltife. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas Monday, May 27, (Revised Message) The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the house to inform the senate that the house has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HCR 198 Farney Directing the governor of the State of Texas to posthumously award the Texas Legislative Medal of Honor to Second Lieutenant Darryn Deen Andrews. HCR 212 Frullo Instructing the enrolling clerk of the house to make corrections in H.B

14 rd Legislature Regular Session 68th Day HCR 215 Naishtat Instructing the enrolling clerk of the house to make corrections in H.B. No HCR 217 Gooden Instructing the enrolling clerk of the house to make corrections to H.B. No HCR 218 Flynn Instructing the enrolling clerk of the house to make corrections in H.B. No. 12. SCR 38 Rodríguez Instructing the enrolling clerk of the house to make corrections in H.B. No SCR 39 Zaffirini Instructing the enrolling clerk of the senate to make corrections in S.B. No SCR 43 Williams Instructing the enrolling clerk of the senate to make corrections in S.J.R. No. 1. SCR 44 Hinojosa Instructing the enrolling clerk of the senate to make corrections to S.B. No. 8. SCR 46 Hinojosa Sponsor: Muñoz, Jr. Commending the City of Pharr, South Texas College, the Pharr Police Department, and the Pharr-San Juan-Alamo Independent School District for their collaborative efforts to develop the Regional Center for Public Safety Excellence. THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS: HB 500 (131 Yeas, 14 Nays, 1 Present, not voting) HB 680 (146 Yeas, 1 Nays, 2 Present, not voting) HB 1675 (145 Yeas, 0 Nays, 2 Present, not voting) HB 2741 (135 Yeas, 9 Nays, 3 Present, not voting) HB 2836 (142 Yeas, 0 Nays, 2 Present, not voting) HB 3169 (143 Yeas, 0 Nays, 2 Present, not voting) HB 3390 (138 Yeas, 6 Nays, 2 Present, not voting) SB 211 (144 Yeas, 0 Nays, 3 Present, not voting) SB 1017 (145 Yeas, 0 Nays, 2 Present, not voting) SB 1158 (146 Yeas, 1 Nays, 2 Present, not voting) SB 1747 (133 Yeas, 10 Nays, 2 Present, not voting) Respectfully, /s/robert Haney, Chief Clerk House of Representatives MOTION TO ADOPT SENATE CONCURRENT RESOLUTION 47 The Presiding Officer laid before the Senate the following resolution: WHEREAS, Senate Bill No. 2 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and

15 Monday, May 27, 2013 SENATE JOURNAL 3851 WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 83rd Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to correct Senate Bill No. 2 as follows: (1)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTIONi.iiSubchapter D, Chapter 33, Education Code, is amended by adding Section to read as follows: Sec.i iiPARTICIPATION IN LEAGUE CONTESTS BY SPECIALTY HIGH SCHOOL. (a) In this section: (1)ii"Division" includes academics, athletics, or music divisions of league contests. (2)ii"Specialty high school" means the high school of an open-enrollment charter school that: (A)iienrolls students without regard to the attendance zones of the school district in which the high school is located; and (B)iiis determined by the University Interscholastic League to specialize in a division of league contests. (3)ii"League" means the University Interscholastic League. (b)iito ensure fair competition, the league shall adopt rules governing participation in league contests by students attending a specialty high school. (c)iithe league rules adopted under Subsection (b) must require that, for any division of league contests that a specialty high school emphasizes, the school will be assigned to the conference with the largest student enrollment, except that the rules may provide for reasonable exceptions from that requirement based on travel, availability of participant schools, or other criteria. (d)iileague rules adopted under Subsection (b) must apply beginning with the school year. This subsection expires August 31, (2)iiStrike SECTION 48 of the bill (page 46, lines 16-23), repealing provisions of the Education Code, and substitute the following appropriately numbered SECTION: SECTIONi.iiThe following provisions of the Education Code are repealed: (1)iiSubsection (b), Section ; (2)iiSubsection (b), Section ; and (3)iiSubsection (b), Section PATRICK SCR 47 was read. Senator Patrick withdrew further consideration of SCR 47. SENATE CONCURRENT RESOLUTION 48 The Presiding Officer laid before the Senate the following resolution: WHEREAS, Senate Bill No has been adopted by the senate and the house of representatives and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

16 rd Legislature Regular Session 68th Day RESOLVED by the 83rd Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to make the following correction: Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTIONi.iiSection 5A(a)(5), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article , Vernon s Texas Civil Statutes), is amended to read as follows: (5)ii"Site selection organization" means: (A)iithe National Football League, the National Collegiate Athletic Association, the National Basketball Association, ESPN or an affiliate, the National Hockey League, Major League Baseball, the Federation Internationale de Football Association (FIFA), the International World Games Association, the National Association for Stock Car Auto Racing (NASCAR), or the United States Olympic Committee; (B)iithe national governing body of a sport that is recognized by the United States Olympic Committee, the National Thoroughbred Racing Association, Formula One Management Limited, or the Federation Internationale de l Automobile; (C)iithe Academy of Country Music; (D)iithe National Cutting Horse Association; or (E)iithe Republican National Committee or the Democratic National Committee. DEUELL SCR 48 was read. On motion of Senator Deuell, the resolution was considered immediately and was adopted by the following vote:iiyeasi31, Naysi0. BILLS SIGNED The Presiding Officer announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SBi21, SBi44, SBi59, SBi64, SBi66, SBi107, SBi126, SBi146, SBi148, SBi149, SBi176, SBi200, SBi227, SBi268, SBi320, SBi321, SBi345, SBi392, SBi396, SBi414, SBi421, SBi429, SBi454, SBi492, SBi511, SBi534, SBi549, SBi578, SBi644, SBi1214, SBi1216, SBi1226, SBi1234, SBi1265, SBi1285, SBi1289, SBi1292, SBi1317, SBi1356, SBi1365, SBi1368, SBi1388, SBi1390, SBi1398, SBi1411, SBi1419, SBi1430, SBi1512, SBi1525, SBi1536, SBi1546, SBi1599, SBi1601, SBi1606, SBi1610, SBi1620, SBi1623, SBi1630, SBi1643, SBi1702, SBi1720, SBi1729, SBi1730. HOUSE CONCURRENT RESOLUTION 212 The Presiding Officer laid before the Senate the following resolution: WHEREAS, House Bill No has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it

17 Monday, May 27, 2013 SENATE JOURNAL 3853 RESOLVED by the 83rd Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 2268, in the SECTION of the bill added by Senate Amendment No. 1 by Carona, in amended Subsection (b), Section 4, Article 18.21, Code of Criminal Procedure, by striking "only the following electronic customer data: (i) information revealing the identity of customers of the applicable service; (ii)iinformation about a customer s use of the applicable service;" and substituting the following: only electronic customer data that is information revealing the identity of customers of the applicable service or information about a customer s use of the applicable service, WATSON HCR 212 was read. On motion of Senator Watson, the resolution was considered immediately and was adopted by the following vote:iiyeasi31, Naysi0. BILLS SIGNED The Presiding Officer announced the signing of the following enrolled bills in the presence of the Senate after the captions had been read: SBi646, SBi652, SBi656, SBi692, SBi700, SBi709, SBi745, SBi839, SBi841, SBi872, SBi894, SBi918, SBi950, SBi971, SBi993, SBi997, SBi1023, SBi1031, SBi1058, SBi1090, SBi1106, SBi1150, SBi1159, SBi1192, SBi1210, HBi232, HBi315, HBi431, HBi585, HBi866, HBi894, HBi1050, HBi1090, HBi1193, HBi1206, HBi1357, HBi1366, HBi1372, HBi1678, HBi1726, HBi1790, HBi1803, HBi1847, HBi2000, HBi2080, HBi2388, HBi2550, HBi2562, HBi2612, HBi2825, HBi2859, HBi2912, HBi2978, HBi3103, HBi3188 (signed subject to Sec.i49-a, Art. III, Texas Constitution), HBi3357, HBi3433, HBi3511, HBi3556. HOUSE CONCURRENT RESOLUTION 215 The Presiding Officer laid before the Senate the following resolution: WHEREAS, House Bill No has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 83rd Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No by striking SECTION 2 of the bill and renumbering subsequent SECTIONS of the bill as appropriate. WEST HCR 215 was read. On motion of Senator West, the resolution was considered immediately and was adopted by the following vote:iiyeasi31, Naysi0.

18 rd Legislature Regular Session 68th Day HOUSE CONCURRENT RESOLUTION 218 The Presiding Officer laid before the Senate the following resolution: WHEREAS, House Bill No. 12 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 83rd Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct House Bill No. 12 (conference committee report) as follows: (1)iiOn page 2, line 10, between "agency" and "is" insert "for the purpose of a salary supplement". (2)iiOn page 2, line 27, strike "to identity" and substitute "to identify". ZAFFIRINI HCR 218 was read. On motion of Senator Zaffirini, the resolution was considered immediately and was adopted by the following vote:iiyeasi31, Naysi0. SENATE RESOLUTION 1061 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to pay tribute to a beloved and highly regarded longtime staff member, Myrtis Evans Griffin, who is retiring after 20 years of loyal service in the office of Senator Royce West; and WHEREAS, Myrtis Griffin joined the staff of Senator West on January 12, 1993, and she is now retiring from her position as the lead constituent caseworker in his office; in that capacity, Mrs. Griffin has long held a reputation for carrying out her duties in a flawless manner and for always demonstrating an eagerness to help constituents in whatever way possible; and WHEREAS, She has also been noted for her cheerful disposition, her warmth, and her graciousness and for managing her responsibilities with enthusiasm and professionalism; and WHEREAS, As the lead constituent caseworker, she has played a major role in helping to meet the needs and addressing the concerns of the people of District 23; her valuable assistance has included answering the many questions that came her way regarding governmental processes and such programs and initiatives as social security, Medicare, and Medicaid; and WHEREAS, Prior to joining the Senate staff, Mrs. Griffin worked for Dallas County Judge Gary Weber, Congressman Martin Frost, and Representative Jerald Larry, and over the course of her lengthy career in public service, she has had an impact on numerous matters of social import; her service has involved work related to nursing home family councils, mental health programs, child support and senior citizens issues, and a variety of other social concerns and initiatives; and WHEREAS, Active for many years in community affairs, Mrs. Griffin has served as a precinct chair and an election judge and has attended many county, state, and national conventions; she is an honorary life member of the Texas Parent-Teacher